Roe v. Wade

Peeling Back the Common Law: Reflections Stirred by James Stoner on the Common Law

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We were not aware at the time that they were twilight years, that time just before Roe v. Wade was decided, when statutes on abortion were sustained in the courts and only occasionally struck down.  That is in part why …

Democracy, Distrust, and the Republican Form of Government

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This post consists of two parts:  (1) thoughts prompted by re-reading John Hart Ely’s Democracy and Distrust; and (2) something resembling a meditation on the Guaranty Clause.  As the reader will see, I am not able to articulate the …